Federal

Complaint Targets Utah NCLB Law

By Michelle R. Davis & Jeff Archer — May 10, 2005 2 min read
  • Save to favorites
  • Print

As Utah prepares for the fallout from its new law giving priority to state education measures over federal No Child Left Behind regulations, a Hispanic advocacy group last week filed a related civil rights complaint over the quality of schools in the state.

The Salt Lake City-based Raza Political Action Coalition, or Raz-Pac, filed a complaint with the U.S. Department of Education’s office for civil rights, demanding an investigation into the achievement gap between Utah’s minority students and their white peers.

The complaint was one of several incremental developments in Utah and Connecticut that were part of ongoing controversies in those states around the 3-year-old No Child Left Behind Act.

On April 28, Utah Gov. Jon Huntsman Jr., a Republican, announced that he would form an achievement-gap task force to study disparities in Utah between minority and white students.

Then on May 2, Gov. Huntsman signed the controversial measure declaring that Utah education laws take priority over the federal law. The action could ultimately put at risk some $76 million in federal funding for the state. (“Utah Lawmakers Pass Bill Flouting NCLB,” April 20, 2005.)

In a prelude to Raz-Pac’s complaint, the group’s president, Robert Gallegos, wrote in an April 18 letter to U.S. Secretary of Education Margaret Spellings that the Utah Office of Education failed to properly break down data that would have shown an “alarming dropout rate of ethnic students.”

Mr. Gallegos also wrote that he was concerned that the Utah Performance Assessment System for Students, or U-PASS, which Utah is trying to implement, does not contain the same accountability provisions for minority students that are in the federal education law.

“We do not support Utah’s wanting to ‘disregard’ the [federal] law’s accountability system in favor of Utah’s own system, which is one of the weakest in the country,” Mr. Gallegos wrote.

Timothy A. Bridgewater, Gov. Huntsman’s education deputy, wrote in an e-mail last week that the governor’s task force would be “designed to focus on successful models for improving low-income and underperforming minority subgroups’ proficiency levels.”

Connecticut Funding

On another NCLB front, Secretary Spellings told Connecticut’s top education official last week that the state should be able to carry out the law’s testing mandates with current federal aid.

The statement responded to claims by Connecticut officials that the state must spend $8 million of its own money to implement the law’s requirement to test students in grades 3-8. Connecticut now administers statewide assessments in grades 4, 6, 8, and 10.

Connecticut Attorney General Richard Blumenthal has said he plans to sue the federal Education Department over the legislation, which represents, he contends, an unfunded mandate.(“Connecticut Pledges First State Legal Challenge to NCLB Law,” April 13, 2005.)

In a May 3 letter to Connecticut Commissioner of Education Betty J. Sternberg, Secretary Spellings wrote that the state’s estimated cost of carrying out the testing provisions of the NCLB law was based on a more extensive testing regime than the law requires. She noted, for example, that Connecticut tests students in writing, which isn’t mandated by the law.

“While these decisions are instructionally sound, they do go beyond what was contemplated by NCLB,” Ms. Spellings wrote.

She also affirmed her earlier decision not to grant the state’s request to waive the law’s testing requirements for grades 3-8.

Ms. Sternberg countered, “They’re asking a state that’s ahead of the curve to fall back to a minimal level.”

Events

Jobs Regional K-12 Virtual Career Fair: DMV
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School Climate & Safety Webinar
Cardiac Emergency Response Plans: What Schools Need Now
Sudden cardiac arrest can happen at school. Learn why CERPs matter, what’srequired, and how districts can prepare to save lives.
Content provided by American Heart Association
Teaching Profession Webinar Effective Strategies to Lift and Sustain Teacher Morale: Lessons from Texas
Learn about the state of teacher morale in Texas and strategies that could lift educators' satisfaction there and around the country.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Federal Trump Brings the Presidential Physical Fitness Award Back, Reviving Annual Test
Trump is bringing back a competitive fitness test that was a public-school fixture for decades.
2 min read
Health and Human Services Secretary Robert F. Kennedy Jr. speaks as President Donald Trump listens before the signing of a proclamation in the Oval Office at the White House, Tuesday, May 5, 2026, in Washington. (AP Photo/Jacquelyn Martin)
Federal Trump Admin. Doesn't Deem Education Degrees 'Professional' in Student Loan Rule
The regulation confirms new limits on graduate student borrowing under Trump's major policy bill.
3 min read
Financial literacy and education concept. A woman looks up at a broken ladder to knowledge.
Vanessa Solis/Education Week + iStock/Getty
Federal McMahon Still Wants to Relocate Special Ed.—And Other Budget Hearing Takeaways
The education secretary also told skeptical lawmakers that Ed. Dept. program transfers are working.
6 min read
LindaMcMahon03B
Secretary of Education Linda McMahon prepares to testify before a Senate appropriations subcommittee on the U.S. Department of Education's fiscal 2027 budget proposal in Washington on April 28, 2026.
Marvin Joseph for Education Week
Federal Part-Time Tutor, Game Developer Charged With Attempted Assassination of Trump
Cole Tomas Allen apologized to friends and former students, according to a criminal complaint.
The Associated Press & Education Week Staff
4 min read
A courtroom sketch depicts Cole Tomas Allen, left, the California man arrested in the shooting incident at the correspondents dinner in Washington, appearing before Magistrate Judge Matthew J. Sharbaugh, in federal court, Monday, April 27, 2026 in Washington. Allen worked as a part-time tutor, according to an online resume.
A courtroom sketch depicts Cole Tomas Allen appearing before Magistrate Judge Matthew J. Sharbaugh, in federal court on April 27, 2026 in Washington. Allen worked as a part-time tutor, according to an online resume.
Dana Verkouteren via AP